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#Post#: 52602--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: b789
Date: January 9, 2025, 6:07 am
---------------------------------------------------------
Yes, you can claim for the set-aside application fee from the
claimant (Gladstones), but whether the court awards it depends
on how the set-aside is granted and the circumstances of the
case.
If the court grants the set-aside but the claim isn’t
immediately struck out, you can still defend the claim and raise
the defective PoC issue in your defence. If the claim is
eventually struck out later, you can ask the court to order all
costs associated with the set-aside and defence be reimbursed,
including the set-aside fee.
You may need to adjust the letter requesting the consensual set
aside. Since the default judgment arose due to a
misunderstanding on your part about the defence deadline —
rather than a procedural defect by the claimant (even though the
claim is defective) — it’s important to adjust your approach
when requesting reimbursement of the £119 application fee.
You'd need to focus on the fairness argument and the overriding
objective, highlighting that both parties benefit from avoiding
a contested set-aside and that it would be reasonable for the
claimant to cover the fee as part of the Consent Order. You’re
not claiming that the default judgment was wrongly obtained, but
instead framing it as a pragmatic solution to save both parties
further time and costs.
As it currently stands, if Gladstones agrees to a consent
set-aside, it’s unlikely you’ll be able to recover the £119
application fee unless you explicitly negotiate this as part of
the Consent Order itself. However, courts don’t automatically
order costs in a mutual consent set-aside, since the agreement
implies both parties are covering their own costs to avoid
further disputes.
That said, there are ways you can try to recover the fee,
depending on the circumstances and how the claim progresses.
You'd have to adjust the letter to ask Gladstones to include the
£119 reimbursement in the Consent Order. If they refuse to
include a costs clause, reserve your right to request costs
later.
It will all depend on whether Gladstones agree to a Consent
Order at all. If they do, when reviewing a Consent Order, if it
looks like the claim is likely to be struck out for defective
PoC, you could propose the following clause:
[indent]“The claimant shall reimburse the defendant the sum of
£119 for the set-aside application fee should the claim be
struck out by the court for non-compliance with the Civil
Procedure Rules.”[/indent]
Even if Gladstones refuses to include that clause, you can still
raise the issue with the court if the claim is struck out later.
If they refuse to consent to the set-aside entirely, you would
proceed with a contested set-aside and request the court to
order costs.
These are the scenarios:
• If Gladstones agrees to a Consent Order for the set-aside and
the court grants it, but the claim remains live after the
judgment is set aside, you cannot automatically recover the £119
fee. In this case, you’ve agreed to cover the cost of the
set-aside to correct your own procedural mistake, and no further
costs order would typically be made at that stage.
• If the court grants the set-aside and then strikes out the
claim because the Particulars of Claim (PoC) are defective or
non-compliant with CPR 16.4, you can request reimbursement of
the set-aside application fee.
• If the claim remains live after the set-aside but you
successfully defend it at a later hearing (or it is struck out
for another reason), you can ask the court to award costs,
including the set-aside fee, at that point.
The reasoning is that you incurred the set-aside fee as part of
your successful defence, and it would be unjust for you to bear
that cost given that the claim lacked merit or was procedurally
defective.
#Post#: 52635--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: jayudd
Date: January 9, 2025, 8:14 am
---------------------------------------------------------
Dear b789
Thank you for the below.
So to clarify, should I send the letter you kindly drafted as is
and then claim for the £119 during the consent order stage? Or
shall I add the clause as you stated above into the letter you
drafted and send it off? I understood that the reimbursement
should be negotiated in the Consent Order, so the letter you
drafted yesterday can be sent off.
Definitely understand, this is dependant on the Claimant agrees.
Thank you,
Jay
#Post#: 52640--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: b789
Date: January 9, 2025, 8:43 am
---------------------------------------------------------
You have a choice. The default CCJ was because of your failure
to submit a defence. By requesting a set aside with consent, you
are, in effect, reducing your losses for your mistake. The CCJ
is for £288.56 and if you can get them to agree to a consensual
set aside, you are limiting your actual loss to no more than
£119, assuming that the claim is either struck-out or remains
live.
Obviously, had you not made the mistake of not submitting a
defence, you would have almost certainly had the claim struck
out anyway because of the claimants defective PoC and that would
have cost you £0. You are now trying to see if you can avoid
paying out £119 or at least recovering it if they do agree to
the set aside.
The odds of the claimant/Gladstones agreeing to a consensual set
aside are low, but you never know. With the odds of a refusal,
your only other route would be with a non-consensual set aside
which would require a hearing and costs £303. However, in that
scenario, you will be able to request your costs to be paid by
the claimant, especially if the claim is either struck out there
and then or remains live and is defended at a later hearing.
What you can't really afford to do is nothing. Unless you decide
to pay the CCJ in full within the one month deadline of the
judgment, it is going to have to be dealt with or it will become
much more expensive over the next 6 years if not.
1. Do you want to try and negotiate the set aside with consent
but maybe put them off accepting by suggesting that the claimant
pay or be liable for the costs?
2. Do you want to just try and get them to agree to the set
aside and simply reduce your losses?
3. Do you want to go for the set aside and, if needs be, have a
full hearing where you will initially have to pay £303 to apply
but have a better prospect of recovering that fee as you will
have to put in a draft defence which means that it is very
likely to be struck out once set aside?
There are no absolute guarantees though. It may come down to
"judge bingo". Choose option 1, 2 or 3 and I can adjust the
letter accordingly.
#Post#: 52644--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: jayudd
Date: January 9, 2025, 9:09 am
---------------------------------------------------------
Dear b789,
Thank you for the explanation, always helpful and clear.
I would prefer to go with option 2, but I know the chances of it
being accepted are slim. Atleast, we can say that we tried.
If they do not accept, then ofcourse, I will go down the £303
route.
If you don't mind adjusting the letter based on the above, I
would be very much grateful.
Thank you.
Jay
#Post#: 52650--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: b789
Date: January 9, 2025, 9:22 am
---------------------------------------------------------
In which case just go with the letter as shown earlier.
#Post#: 52663--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: jayudd
Date: January 9, 2025, 11:11 am
---------------------------------------------------------
Thank you b789.
I have sent this off by email 1 hour ago.
I received their acknowledgement email aswell.
Also, would it be worth requesting all documents they have on me
by was of an SAR? The other issue is that when they sent their
last correspondence before the PoC came, Gladstones said I have
14 days to respond. But towards the end of the 14 days, I
received the PoC. Will that matter should the case go to court?
Thanks.
Jay
#Post#: 52781--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: b789
Date: January 10, 2025, 5:50 am
---------------------------------------------------------
Shouldn't matter. If you are going to SAR for all the info they
hold, then you should SAR both Gladstones and NPM separately.
#Post#: 55034--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: jayudd
Date: January 25, 2025, 7:17 am
---------------------------------------------------------
Hello b789,
Hope all is well
I have not heard anything back from Gladstones.
24.1.25 would have been 2 weeks since I sent them the letter for
consenting to a set aside.
Should I send a follow up?
Also, when I sent them the consent letter, I requested the SAR,
my consent letter did not come back as a document they had in
the SAR pack. Can I assume they didn't receive it?
Thanks for your help!
#Post#: 55051--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: b789
Date: January 25, 2025, 8:21 am
---------------------------------------------------------
How did you "send" the letter to Gladstones? Did you post it
with a certificate of posting or did you email it as a PDF
attachment?
You were advised that if you were going to SAR them, you should
SAR both Gladstones and NPM. Are you saying that Gladstones
responded to your SAR but have not responded or acknowledged
your consent request?
If they have responded to your SAR but not shown the consent
request letter, then it is possible that they did not receive
it. However, if you sent it as an email attachment, you have
proof of sending and delivery (if the email did not bounce).
Before moving forward, please answer the above questions.
#Post#: 55091--------------------------------------------------
Re: Gladstones Solicitors (for National Parking Management LTD)
have issued CCJ
DIR By: jayudd
Date: January 25, 2025, 12:49 pm
---------------------------------------------------------
Hi B789,
In answer to your questions, I sent it by email to Gladstone's
and NPM.
I sent it to enquiries@gladstonessolicitors.co.uk
Please advise what I should do next.
Many thanks.
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